What's a windfall? The first definition you find in the dictionary refers to fruit that has been "blown down from a tree or bush by the wind." Most readers in Arkansas, though, would associate with the second definition, which is "a piece of unexpected good fortune,"...
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Asset Forfeiture
Has your Arkansas condo survived the Great Recession?
On behalf of Robertson, Oswalt, Nony & Associates | Sep 23, 2016 | Asset Forfeiture, Firm News
The Great Recession passed some time ago. Officially, the hard times ended in 2009, though we suspect many in Little Rock and the rest of Arkansas might argue that effects still linger. Home foreclosures and asset forfeitures continue to cause headaches for many...
How does bankruptcy ‘protect’ me as a filer?
On behalf of Robertson, Oswalt, Nony & Associates | Aug 1, 2016 | Asset Forfeiture, Firm News
Anyone in Arkansas who regularly reads our blog knows that when talking about services related to providing debt relief we often emphasize the protection that filing for bankruptcy can provide. Given the common misconception that bankruptcy is a sign of individual...
Are government’s asset forfeiture practices even legal?
On behalf of Robertson, Oswalt, Nony & Associates | Jun 18, 2016 | Asset Forfeiture, Firm News
If you paid attention in civics or social studies in school, you'll recall the U.S. Constitution and Bill of Rights includes some clear tenets. Among them is a right to be free from government search and seizure of property without due process. There are some...
Why homeowners don’t have to live in fear of Chapter 7 – II
On behalf of Robertson, Oswalt, Nony & Associates | Mar 24, 2016 | Asset Forfeiture, Firm News
In our previous bankruptcy post, we started discussing how those in financial distress are often reluctant to consider the fresh start offered by Chapter 7 bankruptcy due to the understandable fear that they could potentially lose their home. We also discussed how...
Why homeowners don’t have to live in fear of Chapter 7
On behalf of Robertson, Oswalt, Nony & Associates | Mar 12, 2016 | Asset Forfeiture, Firm News
For many people, one of the greatest days of their life is when they are handed the keys to their very own home. That's because they finally have a place a place to build memories and put down roots in the community. Interestingly enough, it's for these sentimental...
Asset forfeiture revisited: a look at Arkansas’ participation
On behalf of Robertson, Oswalt, Nony & Associates | Mar 4, 2015 | Asset Forfeiture, Firm News
Criminal law reform: reining in a War on Drugs enforcement tool
On behalf of Robertson, Oswalt, Nony & Associates | Jan 20, 2015 | Asset Forfeiture, Firm News
The so-called War on Drugs that was announced by government officials many years ago stressed a hard-line enforcement and sentencing approach across the country that has had strong and lingering effects to this very day. One tool that has been used with a vengeance by...
Civil asset forfeiture: sheer government power on display
On behalf of Robertson, Oswalt, Nony & Associates | Dec 5, 2014 | Asset Forfeiture, Firm News
The presumption of innocence until proven guilty of wrongdoing is a bedrock principle in American law, an enduring maxim that is applied by courts across the country to ensure impartiality and fundamental fairness for any person facing state sanctions. A recent...
Some states lag behind in protection for asset, property seizure
On behalf of Robertson, Oswalt, Nony & Associates | Oct 13, 2013 | Asset Forfeiture, Firm News
When families are falling behind on bills, it may not be long before debt collectors make efforts to force repayment. Filing for personal bankruptcy should cause collection attempts to stop, but eventually creditors may be able to stake claims to a person's assets and...
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